07/07/2009 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
July 7, 2009
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Pastor Jim Borgschatz, from Easter
Lutheran Church questioned the City’s policy regarding pre-school representation at the Market Fest
Business Night and other such City sponsored events. Parks and Recreation Director Seydell-Johnson
discussed the City’s current policy. Council members concurred that the policy should be reviewed and
discussed at the August 11, 2009 Council workshop. There were no other visitors who wished to be
heard.
A regular meeting of the Eagan City Council was held on Tuesday, July 7, 2009 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen.
Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein,
City Planner Mike Ridley, City Engineer Russ Matthys, City Attorney Mike Dougherty and Administrative
Secretary / Deputy Clerk Mira Pepper.
AGENDA
City Administrator Hedges noted there would be an addition under recognitions and an item under
personnel in the Consent Agenda.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
amended. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
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4 of JULY COMMITTEE AND EAGAN AMBASSADOR COURT
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The 4 of July Committee was recognized for the coordination of the Eagan Funfest 4 of July Parade,
Miss Eagan Pageant and the fireworks display. Raleigh Seelig, Chair of the Committee was present and
introduced Committee members.
Members of Eagan’s Ambassador Court were also recognized.
CONSENT AGENDA
Item I was removed from the agenda.
City Administrator Hedges discussed Items M, N and O.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent
Agenda as amended. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the June 16, 2009 regular City Council meeting as
presented.
B. Personnel Items.
1. It was recommended to adopt a resolution proposing the re-structuring of the Community
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Development Department.
C. It was recommended to ratify check registers dated June 11, 2009, June 18, 2009 and June 25, 2009
as presented.
D. It was recommended to approve the 2009 – 2010 Amusement Device renewal for Lieberman
Companies.
E. It was recommended to approve a Massage Therapy Establishment License for Kimberly Dwyer,
Body Wellness and Beyond, Inc., 4141 Old Sibley Memorial Highway, Office #304.
City Council Minutes
July 7, 2009
Page 2
F. It was recommended to accept a $4,000 donation from Eagan Wal-Mart.
G. It was recommended to direct the City Attorney’s office to prepare an ordinance amendment to
Chapter 5 regarding premises licensed for the sale of alcoholic beverages.
H. It was recommended to approve an amendment to the 2009 General Facilities Renewal and
Replacement Budget.
I. REMOVED
J. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for
Sumac Ridge.
K. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for
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Lindstrom 2 Addition.
L. It was recommended to approve updates to the Standard Conditions of Plat Approval.
M. It was recommended to approve the purchase of four acres of land at the intersection of Yankee
Doodle Road and Wescott Woodlands Drive for the purpose of a future relocation site for Fire Station
Two.
N. It was recommended to authorize the preparation of a Feasibility Report by the City Engineer for
Project 1012 (Fire Station Relocation and Duckwood Drive – Street & Utility Improvements).
O. It was recommended to direct staff to execute a contract with SRF Consulting Group, Inc. to complete
an Environmental Assessment Worksheet for the 120 acre site located at 3535 Wescott Woodlands.
P. It was recommended to accept Findings of Fact, approve Wetland Bank Application and authorize
preparation of Plans and Specifications for Contract 09-06 (Wandering Walk Park).
Q. It was recommended to award Contract 09-08 (2009 City-Wide Trail Improvements), to Aslakson’s
Blacktopping, for the base bid in the amount of $208,411.25 and the Alternate Bid in the amount of
$15,961.77, and authorize the Mayor and City Clerk to execute all related documents.
R. It was recommended to approve the final acceptance of Contract 06-01 (TH 149 Reconstruction and
Upgrades) from Park Construction Co., including certain improvements for perpetual City
maintenance subject to warranty provisions.
S. It was recommended to approve the final payment for Contract 08-08 (Citywide Trail Improvements)
in the amount of $9,187.21 to McNamara Contracting, Inc., and accept the improvements for
perpetual City maintenance subject to warranty provisions.
T. It was recommended to approve Change Order No. 2 for Contract 08-02 (Lone Oak Lift Station –
Sanitary Sewer Trunk Improvements) and authorize the Mayor and City Clerk to execute all related
documents
U. It was recommended to approve a resolution to prohibit parking on Northwest Parkway between
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Highway 149 and Lone Oak Parkway and authorize the Mayor and City Clerk to execute all related
documents
V. It was recommended to approve a Joint Powers Agreement with the St. Paul Police Department to
join a multi agency task force that combats internet crimes where children are victims
W. It was recommended to approve a Massage Therapy Establishment License for Tim Turner, T-
Squared Massage and Body Works, 4141 Old Sibley Memorial Highway, (Office 303)
X. It was recommended to approve a resolution allowing the City of Eagan to continue its participation in
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the Dakota Traffic Safety Program through 2010
Y. It was recommended to approve an agreement with the MN State Patrol to work traffic on Pilot Knob
Road
PUBLIC HEARINGS
AMENDMENT TO 2009 FEE SCHEDULE
City Administrator Hedges introduced this item regarding an amendment to the 2009 Fee Schedule
establishing a permit fee for outdoor electronic sound system / audio equipment use after 10:00 p.m. City
Planner Ridley gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing.
Action on the item was continued until later in the meeting.
City Council Minutes
July 7, 2009
Page 3
OLD BUSINESS
There were no old business items.
NEW BUSINESS
INTERIM USE PERMIT – MAGGIE MELL
City Administrator Hedges introduced this item regarding an Interim Use Permit to allow boarding of up to
seven horses at 4085 Lexington Avenue south. He noted that this item was presented to the City Council
as a proposed conditional use permit on May 19, 2009. City Planner Ridley gave a staff report and
suggested two additional conditions of approval.
John Schonberg and Maggie Mell were present and available for questions.
Councilmembers discussed the City Attorney’s response to the question regarding the feedlot permit
required by Dakota County.
Peter Ramstad, neighboring property owner, further discussed the requirements by the County for a
feedlot. He stated that he does not object to issuance of a feedlot permit but that he does object to the
number of horses proposed for the property. He commented also on the dimensions of the subject parcel
and further requested that the manure container be required to have a cover.
Councilmembers held a discussion which included, the number of horses that should be allowed on the
property and where the horses would be exercised, the need for a vegetative buffer, soil testing that
should be required on a regular basis, potential runoff into Patrick Eagan Park, manure containers,
fencing and/or gating of the property, and Coggins testing / verification.
Mr. Schonberg noted that the proposed use of the property is not a commercial use. He further noted
that the manure container has a cover, and a gate could be installed at the end of the driveway near
Lexington Avenue which is the only area that the horses would be able to exit the property. He stated that
the horses would be moved from the barn to the riding area daily for exercise, as well as being ridden in
Lebanon Park. Ms. Mell addressed the Coggins testing, stating it has always been her practice to test
her horses. She stated she would provide documentation of the tests.
Councilmember Tilley stated she was opposed to seven horses being kept on five acres.
Councilmember Bakken stated that he had done additional research and that seven horses can be
managed on the site provided proper maintenance is utilized. He also stated his support for a vegetative
buffer between eh lower paddock and the park property is appropriate and that he would suggest annual
soil testing via the University of Minnesota Extension Service.
Councilmember Fields stated she also did additional research and stated that the useable area of this
property for horses if far less than five acres. She stated she was uncertain if keeping seven horses on
such a small parcel of land was humane. She further noted that Ms. Mell is not to ride her horses in
Patrick Eagan Park, and if she does so, Councilmember Fields would be very upset.
Mr. Schonberg stated he understood the concerns raised by Councilmembers but suggested that was the
purpose of changing the application from a Conditional Use to and Interim Use. He stated they would like
to have the chance to show the Council and neighbors that they can manage the site and all of the
conditions of approval associated with the requested permit.
City Council Minutes
July 7, 2009
Page 4
Mayor Maguire commended the applicants for their perseverance and cooperation throughout the
process of considering their request. He also stated that he appreciates all of the concessions they have
made and also stated that he will not support a reduction in the number of horses from seven.
Mayor Maguire moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit to
allow boarding of up to seven (7) horses for Maggie Mell located at 4085 Lexington Avenue South,
subject to the conditions in the Advisory Planning Commission minutes of June 23, 2009.
Discussion following the motion included Councilmembers Fields and Tilley stating their belief that seven
horses was too many for the site.
Councilmember Hansen suggested changing the number of horses from seven to five.
Councilmember Bakken stated he was not in favor of the change.
Mayor Maguire said he agreed with Mr. Bakken and further stated his belief that the Interim Use Permit
has been overly regulated already.
Councilmember Hansen requested a friendly amendment to the motion, changing the number of horses
from seven to five. Mayor Maguire did not accept the amendment. A vote was taken on the amendment
which passed 3-2.
Councilmember Tilley stated her support for the amended motion was due to the fact that there had been
no horses on the site for a number of years and that the riding arena was previously approved.
Councilmember Fields clarified that she was not in attendance at the May meeting but had shared with
Councilmember Bakken her desire that an interim use permit be used rather than a conditional use
permit.
Councilmember Bakken stated that he is sorry and disappointed with the disservice this action
represents.
The motion was amended to read:
Mayor Maguire moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit to
allow boarding of up to five (5) horses for Maggie Mell located at 4085 Lexington Avenue South, subject
to the following conditions: Aye: 3 Nay: 2 (Mayor Maguire and Councilmember Bakken opposed).
1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the
City, and proof of recording shall be submitted to the City.
2. The permit shall terminate in three years (July 7, 2012).
3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such
review shall be to determine that the conditions of the permit are within compliance. The Interim
Use Permit may be revoked for failure to comply with any condition of the permit following notice
of the noncompliance and a hearing by the City Council with all interested parties being given an
opportunity to be heard.
4. The premises shall be open for inspection by City and County agents and they shall be allowed
access to inspect the premises.
5. The applicant shall meet all state environmental and water quality standards.
6. There shall be no more than seven horses on the site for the purpose(s) of boarding and personal
use.
7. No signage shall be displayed for advertising of the boarding facility.
8. The applicant shall maintain the existing fences to contain the horses and to prevent the animals
from escaping onto neighboring properties or injuring the public.
City Council Minutes
July 7, 2009
Page 5
9. No horses shall be buried on the property.
10. The applicant shall adhere to the MPCA guidelines for manure management. The composting
shall occur outside the Shoreland Overlay district as identified on the Site Plan received June 10,
2009. The manure shall be picked up weekly and removed from the site on a biannual basis.
11. There shall be no additional removal of trees or vegetation of any kind on the property.
12. The applicant shall section off the lower paddock into thirds to reduce overgrazing and erosion of
the property. An electrical fence shall be in place according to the maintenance plan in the
narrative received June 8, 2009.
13. The applicant shall take and maintain measures to eliminate soil erosion from the subject
property onto adjacent property.
14. The portion of the fence currently located on park property shall be removed and relocated or
rebuilt within the applicant’s property line.
15. The property must be platted and a building permit issued prior to the issuance of the Interim Use
Permit.
16. The applicant shall receive and maintain an interim permit from Dakota County for correction of
pollution hazard.
17. Soil samples shall be submitted annually to the University of Minnesota Soil Testing Lab for
“regular series” and results provide to the City. If the results are not acceptable to City staff,
measures shall be taken to correct the condition of the soil.
18. The east frontage of the property along Lexington Avenue shall be fenced with a gate at the
driveway; provided no trees shall be removed.
19. Annual Coggins testing shall be administered to the horses with results made available to City
staff.
PLANNED DEVELOPMENT AMENDMENT – TOWN CENTRE 100 (TOWN CENTRE SHOPPES)
City Administrator Hedges introduced this item regarding a planned development amendment to allow
detached recycling enclosures at the three buildings of Town Centre Shoppes and to allow an outdoor
dining area located at 1260 Town Centre Drive (Sambol restaurant). City Planner Ridley gave a staff
report.
The applicant was present to answer questions.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to allow detached recycling enclosures at the three buildings of Town Centre
Shoppers, legally described as Lots 3 and 4, Block 1, Town Centre 100 Sixth Addition and Lot 1, Block 1,
th
Town Centre 100 20 Addition, subject to the following conditions: Aye: 5 Nay: 0
1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota
County Recorder’s Office prior to issuance of a building permit.
2. A building permit is required prior to construction of the enclosures.
3. The enclosures shall be located as shown on the Site Plan dated May 20, 2009.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to allow an outdoor dining area located at 1260 Town Centre Drive (Sambol
restaurant), legally described as Lot 3, Block 1, Town Centre 100 Sixth Addition, subject to the following
conditions: Aye: 5 Nay: 0
1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota
County Recorder’s Office prior to issuance of a building permit.
2. The outdoor seating shall be contained within the fenced area as shown on the Patio Plan dated
June 4, 2009.
3. The outdoor dining patio shall not obstruct pedestrian movement.
City Council Minutes
July 7, 2009
Page 6
4. A separate building permit is required for the site renovations and for a sewer access charge
(SAC) redetermination.
PLANNED DEVELOPMENT AMENDMENT – TOWN CENTRE PLAZA
City Administrator Hedge introduced this item regarding a planned development amendment to permit
tenant building signage and modifications to the monument sign for the office building at 1185 Town
Centre Drive. City Planner Ridley gave a staff report.
The applicant was present to answer question.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment to permit tenant building signage and modifications to the monument sign for
the office building at 1185 Town Centre Drive, legally described as Lot 1, Block 1, Gatewoods Addition, in
the NE ¼ of Section 15, subject to the following conditions. Aye: 5 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded against
the property at the Dakota County Recorder’s office. Recording of the Agreement must be
completed prior to issuance of a sign permit.
2. A sign permit must be obtained prior to refacing the monument sign, and prior to installation of
each building sign.
3. The monument sign location shall not change, and the brick base to match the building shall be
retained. The monument sign not exceed 7 feet in overall height, and the sign face shall not
exceed 4 feet in height and 12 feet in width.
4. The monument sign message area shall consist of the building name and address, in dark bronze
aluminum characters mounted on a beige background.
5. Building signage shall consist of one building identification name above the main entrance on the
south elevation; four tenant names on the south elevation and one tenant name on the east
elevation, per the approved Sign Plan dated May 15, 2009.
6. All building signage shall consist of non-illuminated reverse channel letters in dark bronze,
individually mounted to the building.
7. Major products or services offered by a tenant may be included in a tenant’s sign, provided it
conforms to the same style as the other building signs in color, type size and font.
8. Building signs including corporate logos, emblems and shields are not permitted.
ORDINANCE AMENDMENT – CITY OF EAGAN
City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapter 11,
regarding screening of building and ground-mounted mechanical equipment. City Planner Ridley gave a
staff report.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve an Ordinance
Amendment to Chapter 11, specifically as it relates to the screening of building and ground-mounted
mechanical equipment and direct the City Attorney to publish the amendment in the Legal Newspaper.
Aye: 5 Nay: 0
ORDINANCE AMENDMENT – CITY OF EAGAN
City Administrator Hedges introduced this item regarding an amendment to Chapter 10, Section 10.31, as
it pertains to noisy parties or gatherings and electronic sound systems/audio equipment use. City Planner
Ridley gave a staff report.
City Council Minutes
July 7, 2009
Page 7
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an amendment to
Chapter 10, Section 10.31, as it pertains to noisy parties or gatherings and electronic sound system/audio
equipment use to require a permit for outdoor electronic sound system/audio equipment use after 10:00
p.m. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an amendment to
Chapter 11, Section 11.70, as it pertains to Temporary Outdoor Events. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt a resolution approving
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an amendment to the 2009 Fee Schedule establishing a permit fee for outdoor electronic sound
system/audio equipment use after 10:00 p.m. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
The regular City Council meeting was recessed at 8:47 p.m. to immediately convene a meeting of the
Economic Development Authority.
The regular meeting was reconvened at 8:53 p.m.
ADMINISTRATIVE AGENDA
There were no items for the Administrative Agenda.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9:55
p.m.
____________________ _________________________________
Date Administrative Secretary / Deputy Clerk